Research Of Legal Issues About The Establishment Of The Air Defense Identification Zone

In the light of the disagreement between China and Japan on Sovereignty Diaoyu Islands and real needs of strengthening its regional defense system as quickly as possible, Chinese government issued a formally statement to establish an air defense identification zone in the East China and published the identification zone aviation regulatory notice on November 23, 2013. This was another great initiative in the field of military and national defense after the Third plenary Session of the 18 th CPC Central Committee, which attracted wide attention and heated discussion. However, the air defense identification zone has experienced 60 years’ development since 1950. There was a profound historical background in its formation and development, which also intertwined bets between political powers and military powers. For in-depth analysis of the air defense identification zone system, especially the relationship between the air defense identification zone and the right of self-defense as well as dialectical interpretation of China Air Defense Identification Zone system, we can help to promote theoretical research on international law in the field of sea laws and aviation laws. At the same time, we can clarify the basic concepts, nature and content of air defense identification zone; interpret the international legal basis of establishing China’s air defense identification zone; define the legal status of the air defense identification zone, and accelerate the perfection of legislation in the field of international aviation law at a higher level.The Air defense identification zone originated from the practice of the United States and Canada, which co-founded the foremost air defense identification zone by five regional components. While the two countries regulated the operation of the ADIZs through rule-making. Decades later, many countries imitated the former practice setting up its own ADIZs. Thus far, the establishment of the ADIZ gradually evolved into a widely international practice. With continuous development of the ADIZ system, international community gradually paid attention to this institution deserving research. The preparing documents of the First UN Conference on the Law of the Sea widely discussed the ADIZ in Geneva in 1958, and the topic of discussion is “the airspace above the high seas”, all parties hold different points of view, but from contents of the meeting we can know that US and Canada’s practice regarding to the ADIZ had been recognized by international community. The international record was of special significance for the establishment of the ADIZ system. But unfortunately, the second and the third UN conference on the Law of the Sea had never mentioned that concept again, which also crippled the studying of the ADIZ in the field of international law for decades.However, the establishment of the China Air Defense Identification Zone drew attention from international community and also stimulated enthusiasm for the ADIZ research of scholars. The research on shortcomings and improvements of the ADIZ system became a hot issue in the field of international law. At present, China’s domestic legal basis for the establishment of the air defense identification zone was still relatively weak, the level of provisions regarding its legal force was still relatively low, and the framework maintaining the operation of the ADIZ system was also lagging. Therefore, in the case of the ADIZ system having a tend evolving into the Customary international law, the analysis of its basic nature, right content and legal basis, especially other countries’ advanced experience was of great significance to the improvement of the ADIZ system and the establishment of other ADIZs.This thesis consists of four chapters. I intend to analyze historical development, basic nature and operation, also the legal basis of the ADIZ by documentation method, historical analysis, comparative analysis and value analysis. By this readers can understand the profile of the ADIZ system. The first chapter provides an intuitive understanding of the its historical background for readers through the introduction, and highlights the process of its entering the field of international law. The second chapter mainly figures out its nature, focusing on differences between the ADIZ and other airspaces, also the limitations of establishment and dealing with overlapping problems. In the third chapter, I analyze some legal rights related to the ADIZ from the vertical angle, focusing on the intricate relationships between the ADIZ and the right to selfdefense. At the same time, I identify the exercise of specific rights in the ADIZ system. Finally, the fourth chapter provides legal support for the establishment of ECS ADIZ as well as other related ADIZ which will be set up in the future. As China has become the world’s second largest economy entity and the increasing of its comprehensive national power, the establishment of ECS ADIZ will be the focus of international community. Therefore, on the other hand, I also give some reasonable suggestions to the perfection of the ADIZ system.In conclusion, the Air Defense Identification area(Air Defense Identification Zones), which is set up for the sake of national security, based on needs of air defense, is an independent and particular airspace used to identify, locate and control all the aircraft which will enter the territorial air. The air defense identification zone has its own unique character, it’s a special airspace different from the flight information region. Overlapping problems exist because of its special nature and geopolitics, and countries should settle it through friendly negotiations. Although the establishment of the ADIZ is classified as national unilateral act, it also has some restrictions. Besides that, the right of self-defense can’t be the legal basis of the establishment of the ADIZ. Above all, the ECS ADIZ is designated to defend our national sovereignty and airspace, legitimate rights and interests of territorial sea, to help maintain normal flight order. Moreover, the establishment of the ECS ADIZ does not mean the expansion of airspace but a powerful response counterattack towards provocation of surrounding countries. Although the establishment of the East China Sea Air Defense Zone has abundant foundation in legal principle and important social value, it still has some shortages, such as the absence of laws and regulations and the lack of related system, so we should improve our legal system and relevant supporting system, as well as the international aviation law system.